Commonwealth v. Myers

Citations

• 146 Pa. 24
• 23 A. 164
• 1892 Pa. LEXIS 1187

Syllabus

<p>1. It seems, an indictment for a conspiracy to abduct a child, under § 94, act of March 31, 1860, P. L. 405, not averring the name or sex of the child and that it was under the age of ten years, and an intent to deprive its parent, or other person having lawful charge of it, of its possession, or to steal any article of apparel, etc., upon it, is defective.</p> <p>2. An indictment will not lie, under said section, against a father who peaceably obtains possession of his own child, or against others assisting him at his request: Burns v. Commonwealth, 129 Pa. 138. Not will such assistance of other persons constitute an indictable conspiracy, when no unlawful means are agreed upon or used.</p>